Street v. Baca et al

Filing 11

ORDER granting Plaintiff's ECF No. 1 IFP application; NDOC to pay Clerk from inmate account; Clerk directed to SEND a copy of this order to Finance and NDOC Chief of Inmate Services (sent on 04/13/2017); directing Clerk to e-ser ve NV AG with this order and the ECF No. 5 Complaint (E-service and NEF regenerated on 04/13/2017); service must be perfected by 07/12/2017; directing AG to advise Court by 05/04/2017 re acceptance of service; plaintiff to file a motion ide ntifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defendant(s); Answer due by 06/12/2017 for any defendants represented. Plaintiff shall serve defendants copy of all pleadings and include certificate of service. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 04/13/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 CHRISTOPHER I. STREET, ) ) Plaintiff, ) ) v. ) ) ISIDRO BACA et al., ) ) Defendants. ) ) ___________________________________ ) 3:16-cv-00266-RCJ-WGC ORDER 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state 15 prisoner. Plaintiff has submitted an application to proceed in forma pauperis. (ECF No. 1). 16 Based on the financial information provided, the Court finds that Plaintiff is unable to prepay 17 the full filing fee in this matter. 18 The Court entered a screening order on January 12, 2017. (ECF No. 4). The screening 19 order and a follow-up order imposed a 90-day stay and the Court entered a subsequent order 20 in which the parties were assigned to mediation by a court-appointed mediator. (ECF No. 4, 21 6, 8). The Office of the Attorney General has filed a status report indicating that settlement has 22 not been reached and informing the Court of its intent to proceed with this action. 23 (ECF No. 10). 24 For the foregoing reasons, IT IS ORDERED that: 25 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. 26 Plaintiff shall not be required to pay an initial installment of the filing fee. In the event that this 27 action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2). 28 2. The movant herein is permitted to maintain this action to conclusion without the necessity of prepayment of any additional fees or costs or the giving of security therefor. This 1 order granting leave to proceed in forma pauperis shall not extend to the issuance and/or 2 service of subpoenas at government expense. 3 3. Pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall 4 pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding 5 month’s deposits to Plaintiff’s account (Christopher I. Street, #43043), in the months that the 6 account exceeds $10.00, until the full $350.00 filing fee has been paid for this action. The 7 Clerk of the Court shall SEND a copy of this order to the Finance Division of the Clerk’s Office. 8 The Clerk of the Court shall also SEND a copy of this order to the attention of the Chief of 9 Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 10 11 89702. 4. The Clerk of the Court shall electronically SERVE a copy of this order and a copy 12 of Plaintiff’s complaint (ECF No. 5) on the Office of the Attorney General of the State of 13 Nevada, attention Kat Howe. 14 15 16 5. Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). 6. Subject to the findings of the screening order and follow-up order (ECF No. 4, 17 6), within twenty-one (21) days of the date of entry of this order, the Attorney General’s Office 18 shall file a notice advising the Court and Plaintiff of: (a) the names of the defendants for whom 19 it accepts service; (b) the names of the defendants for whom it does not accept service, and 20 (c) the names of the defendants for whom it is filing the last-known-address information under 21 seal. As to any of the named defendants for whom the Attorney General’s Office cannot 22 accept service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last 23 known address(es) of those defendant(s) for whom it has such information. If the last known 24 address of the defendant(s) is a post office box, the Attorney General's Office shall attempt to 25 obtain and provide the last known physical address(es). 26 7. If service cannot be accepted for any of the named defendant(s), Plaintiff shall 27 file a motion identifying the unserved defendant(s), requesting issuance of a summons, and 28 specifying a full name and address for the defendant(s). For the defendant(s) as to which the 2 1 Attorney General has not provided last-known-address information, Plaintiff shall provide the 2 full name and address for the defendant(s). 3 8. If the Attorney General accepts service of process for any named defendant(s), 4 such defendant(s) shall file and serve an answer or other response to the complaint within 5 sixty (60) days from the date of this order. 6 9. Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been 7 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document 8 submitted for consideration by the Court. Plaintiff shall include with the original document 9 submitted for filing a certificate stating the date that a true and correct copy of the document 10 was mailed or electronically filed to the defendants or counsel for the defendants. If counsel 11 has entered a notice of appearance, Plaintiff shall direct service to the individual attorney 12 named in the notice of appearance, at the physical or electronic address stated therein. The 13 Court may disregard any document received by a district judge or magistrate judge which has 14 not been filed with the Clerk, and any document received by a district judge, magistrate judge, 15 or the Clerk which fails to include a certificate showing proper service. 16 17 13th DATED: This _____ day of April, 2017. 18 19 _________________________________ United States Magistrate Judge 20 21 22 23 24 25 26 27 28 3

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